| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to certain notice and filing requirements in court |
|
|
proceedings involving persons with mental illness. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Section 571.013, Health and Safety Code, is |
|
|
amended to read as follows: |
|
|
Sec. 571.013. METHOD OF GIVING NOTICE. Except as otherwise |
|
|
provided by this subtitle, notice required under this subtitle may |
|
|
be given by: |
|
|
(1) personal delivery of [delivering] a copy of the |
|
|
notice or document by a constable or sheriff of the county; [in |
|
|
person] or |
|
|
(2) [in] another manner directed by the court that is |
|
|
reasonably calculated to give actual notice. |
|
|
SECTION 2. Section 571.014(c), Health and Safety Code, is |
|
|
amended to read as follows: |
|
|
(c) A person may [initially] file a paper with the county |
|
|
clerk by the use of reproduced, photocopied, or electronically |
|
|
transmitted paper copies of [if the person files] the original |
|
|
signed copies of the paper. A person who files a reproduced, |
|
|
photocopied, or electronically transmitted paper must maintain |
|
|
possession of the original signed copies of the paper and shall make |
|
|
the original paper available for inspection on request by the |
|
|
parties or the court [with the clerk not later than the 72nd hour |
|
|
after the hour on which the initial filing is made. If the 72-hour |
|
|
period ends on a Saturday, Sunday, or legal holiday, the filing |
|
|
period is extended until 4 p.m. on the first succeeding business |
|
|
day. If extremely hazardous weather conditions exist or a disaster |
|
|
occurs, the presiding judge or magistrate may by written order made |
|
|
each day extend the filing period until 4 p.m. on the first |
|
|
succeeding business day. The written order must declare that an |
|
|
emergency exists because of the weather or the occurrence of a |
|
|
disaster. If a person detained under this subtitle would otherwise |
|
|
be released because the original signed copy of a paper is not filed |
|
|
within the 72-hour period but for the extension of the filing period |
|
|
under this section, the person may be detained until the expiration |
|
|
of the extended filing period. This subsection does not affect |
|
|
another provision of this subtitle requiring the release or |
|
|
discharge of a person]. |
|
|
SECTION 3. Section 571.014(d), Health and Safety Code, is |
|
|
repealed. |
|
|
SECTION 4. This Act takes effect September 1, 2023. |